Allahabad High Court
Nazima Begum vs State Of U.P. & 6 Ors. on 20 July, 2021
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL APPEAL No. - 318 of 2021 Appellant :- Nazima Begum Respondent :- State Of U.P. & 6 Ors. Counsel for Appellant :- Ajeet Kumar Singh,Ravindra Singh Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the appellant, learned Additional Government Advocate for the State and perused the record.
Notice to private respondent has been duly served as per office report.
This criminal appeal has been filed under Section 14-A(2) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside order dated 2.2.2021, passed in Bail No.244 of 2021, arising out of case crime No.184 of 2020, under sections 147, 148, 149, 323, 324, 325, 336, 307, 452, 504, 506 and Sections 3(2)(V), 3(2)5A, 3(1)(r) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Pali, district Hardoi.
Learned counsel for the appellant/applicant submits that the applicant is innocent and has been falsely implicated. The appellant is not named in the first information report. There are six injured persons in this case. None of the injured persons has taken the name of the appellant who is a lady. General allegation of assault by lathi and danda has been made against all the accused persons. Cross case has also been lodged by the appellant side against the informant and other accused persons.The first information report lodged by the appellant side has been filed as Annexure-5.
The name of the appellant has surfaced on the basis of statement of Amit Kumar and Ram Niwas who are the alleged eye-witnesses. All the injured witnesses have not taken the name of the appellant. The appellant is in jail since 24.12.2020 having no criminal history.
It is further submitted that there is no possibility of the appellant of fleeing away after being released on bail or tampering with the witnesses. In case the appellant is enlarged on bail, she shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the appellant/applicant.
Considering the facts and circumstances of the case, without commenting upon merit of the case, I am of the view that the learned court below has failed to appreciate the material available on record.
In view of above, the order of rejection of bail passed by the court below is liable to be and is hereby set aside.
Accordingly, the appeal is allowed.
Let the appellant/applicant be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 20.7.2021 kkb/